JUDGMENT

N. J. Jamadar, J. - This appeal is directed against an order dated 23rd December, 2021 passed by the learned Special Judge, Kalyan, in anticipatory Bail application No.2124 of 2021, whereby the prayer of the appellants applicants for pre-arrest bail in connection with CR No.767/2021 registered with Mahatma Phule Chowk Police Station, for the offences punishable under Sections 392, 354, 509, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860 ('the Penal Code') and under Sections 3(1),(r), (s), (w), (w)(i) and (w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 ('the SC & ST act, 1989), came to be rejected.

2. The background facts leading to this appeal can be stated in brief as under:

(a) The prosecutrix is a member of the Scheduled Castes. She is a Dietitian. Her husband is an Orthopedic consultant. They run a hospital 'Kalptaru' at Desai Shopping Centre, Bail Bazar, Kalyan (West). Desai Shopping Centre is a three storied building comprising 'a' and 'B' wings. The prosecutrix and her husband have been running Kalptaru Hospital from the ground, first and second floor of the 'B' wing of Desai Shopping Centre since the year 2013. In april - 2022 they acquired the third floor as well. appellant no.1 Dr. Premshankar Bhatt runs a hospital 'Sarth Hospital' on the second floor of 'a' Wing. He started a franchisee of Metropolis Laboratory thereat. appellant no.1 has, however, installed the hoardings of the Metropolis Laboratory all over the said building.

(b) On 7th august, 2021 in between 2.00 to 2.30 pm. the prosecutrix was informed by her maintenance supervisor Mr. Dipak Sawant that some persons went to the terrace of the said building to install the hoardings of Metropolis Laboratory and a dispute arose as those persons tried to install the board on the premises in the occupation of the prosecutrix. In the meanwhile, appellant no.1 Dr. Premshankar Bhatt and appellant no.2 Dr. Taranum Sardar passed from in front of the office of the prosecutrix while hurling abuses at the husband of the prosecutrix. appellant no.1 abused the receptionist and demanded the key. after noticing the prosecutrix threat, appellant no.1 abused her in a filthy language. She was allegedly abused with reference to her caste. appellant no.1 allegedly stated that the members of her community did not deserve to become doctors. at the instigation of appellant no.2 Dr. Taranum, appellant no.1 allegedly made indecent gesture towards the prosecutrix and thereby outraged her modesty and charged upon the person of the prosecutrix.

(c) after the prosecutrix went back to her office, appellant nos.1 and 2 forcefully barged into her cabin. appellant no.1 forcefully opened the drawer of her table. When the prosecutrix resisted, appellant no.1 used criminal force with intent to outrage her modesty. appellant no.2 Dr. Taranum twisted the right hand of the prosecutrix and abused her with reference to her caste and threatened her that she would be assaulted after disrobing her. appellant no.1 allegedly removed a plastic bag containing key and cash amount of Rs.50,000/-from the drawer. after a while, appellant nos.1 and 2 again came on the third floor and abused the prosecutrix and her husband with reference to their caste. They allegedly humiliated Deepak Sawant and Mr. Bhise, the security guard, who are also the members of scheduled caste, being fully cognizant of the said fact.

(d) The prosecutrix thus approached the police and lodged a complaint in writing on 10th august, 2021. Eventually, after an inquiry, crime came to be registered on 23rd November, 2021 vide CR No.767 of 2021, for the offences punishable under under Sections 392, 354, 509, 323, 504, 506 r/w 34 of the Penal Code and under Sections 3(1),(r),(s), (w), (w)(i) and (w)(ii) of the SC & ST act, 1989.

(e) apprehending the arrest, the appellants preferred an application for pre-arrest bail before the Special Judge, Kalyan. It was contended that there have been disputes betw